— Appeal unanimously dismissed without costs (see, Empire Ins. Co. v Food City, 167 AD2d 983). (Appeal from Order of Supreme Court, Erie County, Wolf, Jr., J. — Reargument.) Present — Denman, P. J., Doerr, Balio and Lawton, JJ.
— Appeal unanimously dismissed without costs (see, Empire Ins. Co. v Food City, 167 AD2d 983). (Appeal from Order of Supreme Court, Erie County, Wolf, Jr., J. — Reargument.) Present — Denman, P. J., Doerr, Balio and Lawton, JJ.